Latest in Detention: Law of: D.C. Circuit Development

Terrorism Trials: Military Commissions

DC Circuit Temporarily Stays United States' Appeal in Al-Nashiri, Pending Consideration of Mandamus Petition

The order grants a motion filed by Al-Nashiri, and was handed down today by Circuit Judges Cornelia Pillard and Judith Rogers, over the dissent of Circuit Judge Brett Kavanaugh. It's gist is temporarily to pause the government's appeal, to the Court of Military Commission Review ("CMCR"), of the dismissal of some (though not all) of the capital military commission charges against the Guantanamo detainee.

Detention & Guantanamo

Dhiab Preliminary Injunction Hearing Read-Out, Part Three

Today marks our last little dispatch about the preliminary injunction hearing in the case of Abu Wa’El (Jihad) Dhiab, Syrian national, cleared-for-release Guantanamo detainee, and---most relevantly for present purposes---intermittent hunger-striker.

Yesterday's open proceedings can be summarized straightforwardly: in essence, the government concluded its evidence against Dhiab’s motion for a preliminary injunction with respect to certain Guantanamo force-feeding protocols.

Detention: Law of: District Court Development

Judge Kessler’s Videotape Order and the Costs of Crying Wolf

The First Amendment question in Judge Kessler’s opinion in support of her Order directing the videotapes of Abu Wa'el Dhiab's forced feedings to be unsealed (see Jane’s summary) is whether the public’s presumptive right of access is outweighed by the government’s well-specified “compelling interest” in keeping the classified tapes sealed.  The

Detention & Guantanamo

CRS Report on Major Court Rulings Concerning Enemy Combatant Detainees

The Congressional Research Service has put out a new report entitled "Judicial Activity Concerning Enemy Combatant Detainees: Major Court Rulings."

The summary reads, in part:

This report discusses major judicial opinions concerning suspected enemy combatants detained in the conflict with Al Qaeda and the Taliban. The report addresses all Supreme Court decisions concerning enemy combatants.

Detention: Law of: D.C. Circuit Development

Three More Amicus Briefs in Support of Petitioner in Al Bahlul v. United States

Yesterday we flagged two amicus briefs filed on behalf of the petitioner in al-Bahlul v. United States by (1) the National Institute of Military Justice and (2) Professor David Glazier of Loyola Law School. The day saw three more briefs filed on Ali al-Bahlul's behalf, each presenting different arguments for why the D.C.

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